Supreme Court Calls for Strengthening of Tribunals in India

Supreme Court Calls for Strengthening of Tribunals in India

The Supreme Court has emphasized the need to strengthen tribunals in India, highlighting critical issues such as staff appointments and service conditions. The court was hearing a petition challenging the constitutional validity of the Tribunal Reforms Act, 2021.

What are Tribunals?

Tribunals are quasi-judicial bodies established to resolve disputes related to specific matters.

Constitutional Recognition:

The 42nd Amendment Act of 1976 introduced a new Part XIV-A to the Constitution, adding Articles 323-A and 323-B.

• Article 323-A grants Parliament the authority to establish administrative tribunals at both the central and state levels to handle matters concerning the recruitment and service conditions of public servants.
• Article 323-B allows Parliament or state legislatures to create tribunals for certain subjects, such as taxation and land reforms, through legislative enactments.

Key Issues Affecting the Functioning of Tribunals:

1. Independence of Tribunals: The Supreme Court has consistently stressed concerns regarding the influence of executive powers in the selection process and the involvement of technical members, which may undermine judicial independence.

2. Case Backlog: For example, as of 2021, the Central Government’s Industrial Tribunal and Labour Courts had 7,312 pending cases, while the Armed Forces Tribunal had 18,829 pending cases.

3. Infrastructure Challenges: Tribunals face significant issues such as a lack of human resources, unfilled vacancies, and poor service conditions, which hinder their effectiveness.

4. Overlapping Jurisdiction: The jurisdictional overlap between regular courts and tribunals often creates confusion, complicating the resolution of cases.

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